Sentences with phrase «use immunity applies»
Thus generally the rules of use and derivative use immunity apply to any...
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School districts in some states, including all five surveyed, may have additional protection under «recreational use» statutes, which offer immunity from certain claims against landowners who open their property to the public for recreational use.10 In states with broad recreational use statutes, such as Indiana, opening school kitchen facilities could be considered a protected activity under the law, depending on the circumstances of the use and other factors.11 However, in Massachusetts, protection for recreational activities extends only to purposes that are «scientific, educational, environmental, ecological, research, religious, or charitable,» 12 so the state's statute might not apply when districts allow for - profit groups to use school kitchens.
Texas school districts enjoy the broadest protections, which are waived only under specific circumstances, none of which apply to public use of school kitchens.8 In contrast, Massachusetts districts have immunity only if a school employee harms someone by performing an action that was not within the scope of the employee's employment.9
By using the language «any other Act» in section 51, the Legislature made an explicit statement that the self - incrimination immunity applied everywhere except to an action related to the Police Act itself: «[i] f the Legislature had intended for [the immunity] to apply to all Acts -LSB-...] it would have done so instead of wording section 51 as it did» (at para 32).
Instead, the plaintiff argued that immunity should not apply because, although the land was open for free use by the public, the city had knowledge of the hazard and failed to warn the public.
Incidentally, this approach can be beneficial: it has been used recently by the Italian Constitutional Court to reject the applicability in Italy of the ICJ decision on Germany immunity, being it against the «hard cre values» of the Constitution, despite being Italy boubd - as a matter of international law and treaty obligations - to apply the ICJ decision.